Ordinary Meeting
Minutes
23 August 2018
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday, 23 August 2018 COMMENCING
AT 4:03PM AND
CONCLUDING AT 11:14PM
I2018/1562
PRESENT: Cr
S Richardson (Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr A Hunter,
Cr M Lyon, Cr J Martin, Cr S Ndiaye and Cr P Spooner
Staff: Mark
Arnold (General Manager)
Anna
Vinfield (Acting Director Corporate and Community Services)
Phil
Holloway (Director Infrastructure Services)
Shannon
Burt (Director Sustainable Environment and Economy)
Tony
Nash (Manager Works) – item 13.23 & 13.24
Evan
Elford (Team Leader Infrastructure Planning) – item 13.26
Michael
Matthews (Manager Open Spaces & Resource Recovery) – item 13.5 &
13.15
Heather
Sills (Minute Taker)
The Mayor opened the meeting and acknowledged that
the meeting is being held on Arakwal Country and that we pay our respects to
the elders past and present and extend our respect to the Bundjalung clans
whose lands and waters are part of the Shire.
Public
Access
Prior to dealing with the circulated reports and associated
information, a Public Access Session was held and Council was addressed on the
following:
9.3 Waiver
of Approval Fees for Chincogan Charge Event
John Anderson addressed Council against the
recommendation.
13.1 Railway
Park rotunda location options
Mare Hayes on behalf of Byron Environment Park addressed
Council in favour of the recommendation.
John Lazarus on behalf of Byron Environment Park
addressed Council against the recommendation.
13.3 Byron
Skate Park and Recreation Hub
James Wright and Stephanie Sims addressed Council against
the recommendation.
13.7 Land
and Environment Court Proceedings Gordon Highalands Pty Ltd
Ian Holmes addressed Council against the recommendation.
13.16 Planning
Proposal Update - The Saddle Road (26.2017.3.1)
David Brown and Kelvin Daly addressed Council in favour
of the recommendation.
Matthew O’Reilly on behalf of Community Alliance
for Byron Shire Inc. addressed Council against the recommendation.
13.18 Development
of the new Tourism Management Plan
Matthew O’Reilly on behalf of Community Alliance
for Byron Shire Inc. addressed Council in favour of the recommendation.
13.20 Grays
Lane Upgrade - Project Status and Community Consultation Outcomes
Alan Lauer and Susan Burlinson addressed Council in favour
of the recommendation.
13.21 Waterlily
Park Planned Upgrades
Raymond Ellis and Tina Petroff addressed Council against
the recommendation.
13.23 Settlement
Road Submission Update
Rod Palmer, Hans Muehlpointner, Stephanie Hurst and David
English addressed Council against the recommendation.
13.24 Broken
Head Reserve & Seven Mile Beach Road - ongoing issues
David Fligelman and Ian Cohen addressed Council in favour
of the recommendation.
13.26 Byron
Bay High School - Safety Issues at Arakwal Court
Janine Marcus on behalf of Byron Bay High School
addressed Council in favour of the recommendation.
13.30 Suspension
of Council Policy 4.17
Rod Palmer on behalf of Settlement Road Action Group Inc
addressed Council against the recommendation.
Submission
No. 1
Matthew O’Reilly on behalf of Community Alliance for
Byron Shire Inc. made a submission to Council regarding Saddle Ridge Local Area
Management Planning Association Inc.
Question
No. 1
Patricia Warren asked the following question:
Where, when superimposed on Map 1 'Project Areas' in the
Brunswick Valley Sustainability Centre Management Plan, is the 2050 Climate
Change flood level, and what are the implications of that on the location of
the proposed land uses?
Question
No. 2
Matthew O’Reilly asked the following question:
Can Council please advise precisely how many times and what
level of staff member had face to face meetings, telephone conversations,
emails and postal correspondence between Council staff and the Proponents
of the Saddle Road Planning Proposal or their representatives Stephen
Connelly of Planners North and Rob Doolan of Balance Advice (or other consultants
or associated individuals) between the adoption of Resolution 17-260 in June
2017 and as of today, 23 August 2018, and also can Council provide
details about what discussions have been held with Registered Aboriginal
Parties relating to offering them preferential access to affordable
housing in the Saddle Road precinct in return for their support for the
Planning Proposal.
Question
No. 3
John Anderson asked the following question:
In relation to a public question which I asked of &
specifically addressed to the Mayor on 21 June, but which on 21 July was
responded to instead by Ralph James in a manager which threw no light what so
ever on the master at hand, 1. The would the GM please ensure in future no
staff recourses are expended on covering for the Mayor in matters. 2. that
staff will not again breach the separation of powers between the executive the
legislative 3.that staff will hold that mayor to the principles on transparency
& accountability & not do his dirty work for him. And will the GM
henceforth ensure that a response to a public question actually constitutes an
“answer” i.e. that it provides the information sought by the person
putting the question, and that it does so without interposing, misleading or
diversionary irrelevancies, and does the GM believe that pigs will fly?
The meeting adjourned at 5:52pm and reconvened at 6:10pm.
Apologies
There were no apologies.
Requests
for Leave of Absence
There
were no requests for leave of absence
Declarations
of Interest – Pecuniary and Non-Pecuniary
Cr Richardson declared a non-significant non-pecuniary
interest in Report 13.13. The nature of the interest being that he is a friend
of the artist proposed to completed the sculpture. Cr Richardson elected to remain
in the Chamber and will not participate in discussion and the vote.
Tabling of Pecuniary Interest
Returns
In accordance with the Local Government Act 1993 Section
450(A), Section 449(3) Returns are tabled for:
Paul Mills
Adoption
of Minutes from Previous Meetings
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18-516
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Resolved that
the minutes of the following meetings be confirmed:
· Byron
Shire Reserve Trust Committee held 2 August 2018
· Ordinary
Meeting held 2 August 2018
(Spooner/Hunter)
The motion
was put to the vote and declared carried.
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Reservation
of Items for Debate and Order of Business
The Mayor suspended standing orders to allow for items to be
reserved for debate, being:
Staff Reports
General Manager
Report No. 13.1 Railway
Park rotunda location options
Report No. 13.2 Representation
at Northern Rivers Rail Trail Meetings
Report No. 13.3 Byron
Skate Park and Recreation Hub
Report No. 13.5 Open
Space and Recreation Needs Assessment and Action Plan - draft for community
consultation
Corporate and Community Services
Report No. 13.13 Bayshore Drive
Roundabout Public Art Project
Report No. 13.14 Water, Waste
and Sewer Advisory Committee - Community Representatives
Report No. 13.15 Licence for
community garden at Red Bean Close Suffolk Park
Sustainable Environment and Economy
Report No. 13.16 Planning
Proposal Update - The Saddle Road (26.2017.3.1)
Report No. 13.18 Development
of the new Tourism Management Plan
Report No. 13.19 Submissions
Report on the Draft Integrated Pest Management Policy
Infrastructure Services
Report No. 13.20 Grays Lane
Upgrade - Project Status and Community Consultation Outcomes
Report No. 13.21 Waterlily Park
Planned Upgrades
Report No. 13.22 Suffolk
Beachfront Holiday Park Dog Friendly Report
Report No. 13.23 Settlement
Road Submission Update
Report No. 13.24 Broken Head
Reserve & Seven Mile Beach Road - ongoing issues
Report No. 13.26 Byron
Bay High School - Safety Issues at Arakwal Court
Report No. 13.27 Parking Time
Changes in Mullumbimby, Bangalow and Brunswick Heads - Status
Report
Report
No. 13.30 Suspension of Council Policy 4.17
Reports of Committees
Sustainable Environment and Economy
Infrastructure Services
Confidential Reports
Corporate and Community Services
Report No. 16.2 Confidential - Council purchase from
Health Administration Corporation- Mullumbimby War Memorial Hospital site and
Site Remediation
Infrastructure Services
Late Reports
The remaining Recommendations
and Committee Recommendation were adopted as a whole, being moved by Cr
Richardson and seconded by Cr Hunter. Each recommendation is recorded with a
separate resolution number commencing at Resolution No. 18-517 and concluding
with Resolution No. 18-537.
staff reports – General
Manager
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Report No. 13.4 International
Parking Day - Byron Bay
File No: I2018/1431
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18-517
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Resolved:
1.
That Council note the report.
2. That
Council endorse the Park(ing) Day concept and support staff working with the
Byron Masterplan Guidance Group to implement the project.
(Richardson/Hunter) .
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Report No. 13.6 Revised
Community Engagement Policy
File No: I2018/1530
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18-518
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Resolved:
1. That
Council note the report.
2. That
the Revised Community Engagement Policy be put on public exhibition.
(Richardson/Hunter)
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staff reports - corporate and
community services
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Report No. 13.7 Land
and Environment Court Proceedings Gordon Highalands Pty Ltd
File No: I2018/1132
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18-519
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Resolved that
the General Manager be authorised to
enter into consent orders or a s34 Conciliation Agreement approving
Development Application 10.2017.198.1, subject to appropriate conditions to
be finalised under delegation.
(Richardson/Hunter)
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Report No. 13.8 Operational
Plan 2017-2018 and Delivery Program 2017-2021 - 6-month progress report to 30
June 2018
File No: I2018/1349
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18-520
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Resolved that
Council note the six-month progress
report to 30 June 2018 (Attachment 1 E2018/60566) on the Operational Plan
2017-2018.
(Richardson/Hunter)
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Report No. 13.9 Council
Resolutions Quarterly Review - 1 April 2018 to 30 June 2018
File No: I2018/1381
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18-521
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Resolved that
Council:
1. Note
the information provided in this report on active Council Resolutions in
Attachment 1 (#E2018/62328).
2. Note
the completed Resolutions in Attachment 2 (#E2018/66349).
(Richardson/Hunter)
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Report No. 13.10 Carryovers
for inclusion in the 2018/19 Budget
File No: I2018/1401
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18-522
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Resolved that
the works and services, and the respective funding shown in Attachment 1
(#E2018/66991) be carried over from the 2017/2018 financial year and that the
carryover budget allocations be adopted as budget allocation revotes for
inclusion in the 2018/2019 Budget Estimates.
(Richardson/Hunter)
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Report No. 13.11 Budget
Review 1 April 2018 to 30th June 2018
File No: I2018/1402
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18-523
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Resolved that
Council authorises the itemised budget variations as shown in Attachment 2
(#E2018/67079) which includes the following results in the 30 June 2018
Quarterly Review of the 2017/2018 Budget:
General Fund
- $0 change in Unrestricted Cash Result
a) General
Fund - $9,795,300 increase in reserves
b) Water
Fund - $1,899,300 increase in reserves.
c) Sewerage
Fund - $3,461,600 increase in reserves
(Richardson/Hunter)
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Report No. 13.12 Investments
July 2018
File No: I2018/1420
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18-524
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Resolved that the report listing Council’s investments
and overall cash position as at 31 July 2018 be noted.
(Richardson/Hunter)
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staff reports – Sustainable
Environment and economy
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Report No. 13.17 PLANNING
- Exceptions to Development Standards - 1 April 2018 to 30 June 2018
File No: I2018/1374
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18-525
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Resolved that
Council note the report on exceptions to development standards for the period
1 April to 30 June 2018.
(Richardson/Hunter)
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Report No. 13.25 Suffolk
Park Stormwater Drainage Asset Condition
File No: I2018/1398
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18-526
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Resolved:
1. That the
information within the report be noted.
2. That
there be consideration as part of the September 2018 Quarterly Budget Review
to allocate $25,000 for an immediate camera inspection of the Baywood Chase
stormwater network and report the results back to Council if concerns with
asset condition are highlighted.
3. That
there be consideration as part of the 2019/20 budget process to allocate
$10,000 annually in future budgets to fund a cyclical stormwater pipe network
camera inspection program.
(Richardson/Hunter)
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staff reports –
Infrastructure services
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Report No. 13.28 Recycled
Water Management Strategy 2017-27
File No: I2018/1438
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18-527
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Resolved that
Council adopt the Recycled Water
Management Strategy 2017-27 as exhibited.
(Richardson/Hunter)
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Report No. 13.29 Coolamon
Scenic Drive - Improving Road Safety
File No: I2018/1517
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18-528
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Resolved that Council:
1. Note
the work to date to improve road safety on Coolamon Scenic Drive; and
2. Endorse
the future actions and investigations referred to in the report for Coolamon
Scenic Drive and road safety for the Byron Shire road network.
(Richardson/Hunter)
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Committee reports
– sustainable environment and economy
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Report No. 14.1 Report
of the Heritage Panel Meeting held on 3 July 2018
File No: I2018/1426
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18-529
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Resolved that
Council note the minutes of the Heritage Panel Meeting held on 3 July 2018.
(Richardson/Hunter)
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18-530
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Resolved: that
Council adopt the following Committee Recommendation:
Report No. 4.1 State and Local
listed Heritage sites bus tour
File No:
I2018/1105
Committee
Recommendation:
That the Heritage Panel note the report.
(Richardson/Hunter)
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COMMITTEE reports –
Infrastructure services
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Report No. 14.2 Report
of the Local Traffic Committee Meeting held on 31 July 2018
File No: I2018/1418
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18-531
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Resolved that
Council note the minutes of the Local Traffic Committee Meeting held on 31
July 2018.
(Richardson/Hunter)
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18-532
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Resolved that Council adopt the following Committee Recommendation(s):
Report No. 6.1 Event Road
Closures - Byron Lighthouse Run 2018
File No:
I2018/1322
Committee
Recommendation 6.1.1
1. That
the Traffic Management Plan and Traffic Control Plan/s that relate to the
Byron Lighthouse Run 2018, to be held Sunday 14 October 2018, which includes
the temporary road closures below, be endorsed between these times:-
a) Lawson
Street, between Massinger Street and Lighthouse Road, between 6:30am and
10:00am;
b) Tallow
Beach Road, between Lighthouse Road and Tallow Beach Car Park, between 6:30am
and 10:00am;
c) Lighthouse
Road, between Lawson Street and the Cape Byron Lighthouse, between 6:30am and
10:00am; and
d) Brooke
Drive, between Lighthouse Road and the Pass, between 6:30am and 10:00am.
2. That
the approval provided in Part 1 is subject to:-
a) separate
approval by Cape Byron Headland Trust being obtained;
b) implementation
of the approved Traffic Management Plan and Traffic Control Plan/s by those
with appropriate RMS accreditation and the holding of current and appropriate
levels of insurance and liability cover; and
c) The
event organiser:
i) advertising
the impact of the event via a notice in the local weekly paper a minimum of
one week prior to the operational impacts taking effect, noting it must
include the event name, specifics of any traffic impacts or road closures and
times, alternative route arrangements, event organiser, a personal contact
name and a telephone number for all event related enquiries or complaints;
ii) providing
copy of the advert for Council's web page;
iii) informing
community and businesses that are directly impacted (e.g. adjacent to the
event), including the Beach Byron Bay Café and North Coast Holiday
Park Clarkes Beach, via written information which is delivered to the
property in a timely manner so as to document, consider and respond to any
concerns raised;
iv) arranging
for private property access and egress affected by the event;
v) liaising
with bus and taxi operators and ensuring arrangements are made for provision
of services during conduct of the event;
vi) consulting
with emergency services with any identified issues being addressed;
vii) holding
$20m public liability insurance cover which is valid for the event; and
viii) payment
of Council’s Road Event application fee prior to the event.
(Richardson/Hunter)
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18-533
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Resolved: that Council adopt the following Committee Recommendation(s):
Report No. 6.2 Request for Stop
sign at the Intersection of Coolamon Scenic Drive and Possum Shoot Road
File No:
I2018/1399
Committee
Recommendation 6.2.1
That, subject to funding
availability, improved delineation line marking and appropriate intersection
advisory signage be installed at the intersection of Possum Shoot Road and
Coolamon Scenic Drive.
(Richardson/Hunter) .
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18-534
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Resolved that Council
adopt the following Committee Recommendation(s):
Report No. 6.3 Event Road Closure
- New Year's Eve and New Year's Day, Byron Bay 2018/2019
File No:
I2018/1406
Committee
Recommendation 6.3.1
1. That
the Local Traffic Committee supports:-
a. Council's
temporary traffic management initiatives for the Soul Street New Year's Eve
event to be held in Byron Bay and approves the temporary road closure of
Jonson Street, between Lawson Street through to the car park entry at Railway
Park (north of Marvell Street), from 6am on Monday 31 December 2018 and its
removal by no later than 7am on the Tuesday 1 January 2019.
b. Council’s
temporary traffic management initiatives for the First Sun New Year’s
Day event to be held in Byron Bay and approves the temporary road closure of
Lighthouse Road from Brooke Road (The Pass), from 3am to 8am on Tuesday 1
January 2019.
2. That
the approval provided in Part 1 remain subject to Council endorsement of the
event prior to implementation and is subject to the following requirements:
a. traffic
control plans are designed and implemented by those with the appropriate NSW
(RMS) accreditation;
b. advertising
is undertaken in accordance with the Roads Act, including the publication of
a map and explanatory notes in a local newspaper and on Council's website;
c. the
letterbox drop of properties adjacent to and prior of the Jonson Street
closure and Bay Street, Marvell Street and Byron Street parking changes; and
d. all
parties involved in Council's NYE events hold, or least covered by,
appropriate and relevant levels of insurance and public liability cover as
required by Council.
(Richardson/Hunter)
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18-535
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Resolved that Council adopt the following Committee Recommendation(s):
Report No. 7.1 Middle Pocket Road
Petition
File No:
I2018/1299
Committee
Recommendation 7.1.1
That the Local Traffic Committee:-
1. Note
the content of the petition in relation to Middle Pocket Road as required by
item 1 of resolution 18-261 and resolution 18-236 of 19 April 2018 which
addresses matters applicable for consideration by the Local Traffic
Committee.
2. Support
the installation of appropriate regulatory and/or advisory signage for the
single lane causeways on Middle Pocket Road.
(Richardson/Hunter) .
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Confidential
Reports - Infrastructure Services
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Report No. 16.1 Confidential - Request for Tender for
Minor Civil Works less than $150,000 (2018-0024)
File No: I2018/1425
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18-536
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Resolved:
1. That
Council award Tender 2018-0024 Minor Civil Works less than $150,000 to the following
tenderers: A&E Martin, Brown Contractors, Civil Contracting Solutions,
Fewster Bros Contracting, Fulton Hogan, J&M Bashforth and Sons, Mal Geyer
Concreting, Mr Martin Tolley, Powell and Powell, Smith Plant (Lismore), and
Tallow Tree Services.
2. That Council makes public its decision, including the name and
amount of the successful tenderer, in accordance with Clause 179(b) of the
Local Government (General) Regulation 2005.
(Richardson/Hunter)
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Report No. 16.3 Confidential - CONTRACT 2018-0028
100mm Water Main Rail Corridor Byron Bay
File No: I2018/1404
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18-537
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Resolved:
1. That
Council award Tender 2018-0028 100mm Water Main Rail Corridor Byron Bay to
Ledonne Constructions Pty Ltd for the amount of $ 200,081 (ex GST).
2. That
the project’s total budget allocation be adjusted to $ 240,000 for the
2018/2019 Financial year with funding provided from available Water Fund
Section 64 Contributions Reserve.
3. That
Council delegate to the General Manager the authority to administer this
contract to the contract value plus the contingency value nominated in this
report.
4. That
Council authorise the affixing of the Council seal to all documents that may
require it, in regards to the Contract.
5. That
Council makes public it decision including the name and amount of the
successful tenderer in accordance with Clause 179(b) of the Local Government
(General) Regulation 2005.
6. That the report remains
confidential until the contract is finalised.
(Richardson/Hunter)
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Procedural
Motion
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18-538
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Resolved that Council change the order of business to deal
with Reports 9.3, 13.1, 13.3, 13.16, 13.18, 13.20, 13.21, 13.23, 13.24,
13.26, 13.30 next on the Agenda.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
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Notices
of Motion
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Notice of Motion No. 9.3 Waiver
of Approval Fees for Chincogan Charge Event
File No: I2018/1519
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18-539
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Resolved that Council:
1. Waive
approval fees associated with the 2018 Chincogan Charge event
2. Reimburse
Mullumbimby Chamber of Commerce for any approval fees already paid
3. Advertise the amount of the
waiver as a s356 donation
(Cameron/Ndiaye)
The motion was put to the vote and declared carried.
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Staff Reports – General
Manager
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Report No. 13.1 Railway
Park rotunda location options
File No: I2018/1392
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Moved
that Council:
1.
Confirms its preference for the rotunda to be
relocated to Apex Park, due to the following benefits:
a)
It is the most visually prominent, as it sits within the most
visually appealing visitor area
b)
It allows for increased interaction with the visitors and locals
who walk past and also sit and congregate
c)
It sits alongside the Marine Environment, allowing for greater
and more aligned marine awareness education engagement
d)
It’s proximity to the marine environment aligns with
significant environmental awareness and activist groups such as Sea Shepard
and Positive Change for Marine Life and beach clean up activities within the
Byron Environment Centre
e)
It allows the rotunda to facilitate large gatherings and rallies
held in this area
f)
Provides interaction and connection to events held in the
area such as Survival Day, Schoolies, Harmony Day, Surf Festival etc
2.
Seeks support and approval from Crown lands
for the use of the land for the installation of the rotunda
3.
Prior to construction drawings being prepared
for Railway Park, Council relocates the rotunda to the site identified as
‘B’ on the map provided in the staff report, (approximately 30
metres to the east of the current location):
a)
if relocation to the preferred site (in 1) is not supported by
the Byron Environment Centre
b)
with accompanying redevelopment to ensure the indigenous artwork
can be celebrated and viewed in the park
c) Relocation and redevelopment of
the rotunda be costed and reported to Council for identification of funding
sources
(Richardson/Hackett)
Amendment
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18-540
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Resolved that Council:
1. Seek
approval from Crown Lands to relocate the Rotunda to Apex Park until
agreement is reached as to the ownership, location and management of the
facility until the redevelopment work of Railway Park is completed, and
2. That
if approval is obtained the costs of the relocation of the rotunda be
reported to Council for identification of funding sources
(Spooner/Cameron)
The amendment was put to the vote and declared carried.
Crs Ndiaye, Richardson, and Martin voted against the
amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
Cr Richardson voted against the motion.
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Procedural
Motion
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18-541
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Resolved that Cr Richardson be granted a two minute
extension to his speech.
(Coorey/Cameron)
The motion was put to the vote and declared carried.
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Report No. 13.3 Byron
Skate Park and Recreation Hub
File No: I2018/1407
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18-542
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Resolved that Council:
1. Note
the report.
2.
Confirm its support for the Byron Skate Park and Recreation Hub to be located
in the Sandhills area.
3.
Continue to investigate funding opportunities
for the development of the Byron Skate Park and Recreation Hub
4. In
order to become eligible for forthcoming grant funding opportunities, request
urgent consideration of its request of the vesting of the land across to
Council from Crown Lands staff and the responsible Minister
5.
Due to the urgency as outlined in 4,
seek further advocacy for the request from the Parliamentary Secretary for
the North Coast, Ben Franklin and local member, Tamara Smith
6. That Council
convene a meeting with Byron Youth Service to clarify the status of
historical development applications in the Sandhills area and to establish a
partnership to help realise the Skate Park and Recreation Hub
(Richardson/Spooner)
The motion was put to the vote and declared carried.
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Staff Reports - Sustainable
Environment and Economy
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Report No. 13.16 Planning
Proposal Update - The Saddle Road (26.2017.3.1)
File No: I2018/1370
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Moved:
1. Note
the Department of Planning and Environment’s advice clarifying
progression of the Saddle Road Planning Proposal as part of the Accessible
Housing Project (Attachment 1.).
2 That
Council not support the Planning Proposal to proceed for the reasons outlined
in the staff report, in particular the Planning Proposal:
a) is
inconsistent with the North Coast Regional Plan Urban Growth Area Variation
Principles and process for identification and delivery of urban growth areas;
b) pre-empts
Council’s draft Residential Strategy process and final recommendations
regarding this locality;
c) pre-empts
Council’s required engagement with the Bundjalung of Byron bay
Aboriginal Corporation (Arakwal) and Tweed Byron Local Aboriginal Council in
order
to fully appreciate any potential cultural heritage sites and their broader
significance within this locality; and
d) does
not satisfy the ‘Strategic Merit Test’ or ‘Site Specific
Merit Test’, as outlined in the Department of Planning and
Environment’s Planning Circular PS 16-004.
3. All
other Accessible Housing Project (AHP) initiative proposals continue to be
assessed where consistent with
a) the
Department’s Urban Growth Area Variation Principles
b) Council’s
existing strategic framework
4. Note
that other projects with potential to deliver accessible housing, but not
included in the AHP including in rural and urban areas, can proceed under
Council’s existing planning framework.
(Cameron/Coorey)
AMENDMENT
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18-543
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Resolved:
1. Council
not proceed with assessment of the Saddle Road Planning Proposal
(26.2017.3.1) and advise the proponent of the determination
2. Council
invite individual site proposals from within Area 17 (Saddle Road) that
include a provision of at least 80% affordable housing
3. All
other Accessible Housing Project (AHP) initiative proposals continue to be
assessed where consistent with
a) the
Department’s Urban Growth Area Variation Principles
b) Council’s
existing strategic framework
4. Note
that other projects with potential to deliver accessible housing, but not
included in the AHP including in rural and urban areas, can proceed under
Council’s existing planning framework.
(Richardson/Lyon)
The amendment was put to the vote and declared carried.
Crs Cameron, Spooner, Hunter and Coorey voted against
the amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
Crs Spooner, Hunter and Coorey voted against the
motion.
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Procedural
Motion
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18-544
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Resolved that
Cr Cameron be granted a two minute extension to his speech.
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
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Procedural
Motion
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18-545
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Resolved
that Cr Spooner be granted a two minute extension to his
speech.
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
|
|
|
Procedural
Motion
|
|
18-546
|
Resolved that Cr Coorey be granted a two minute extension
to her speech.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
|
|
Procedural
Motion
|
|
18-547
|
Resolved that
Cr Richardson be granted a two minute extension to his speech.
(Coorey/Ndiaye)
The motion was put to the vote and declared carried.
|
The meeting adjourned at 8:04pm for a dinner break and reconvened
at 8:52pm.
|
|
Procedural
Motion
|
|
18-548
|
Resolved that
Council change the order of business to deal with Reports 13.23 and 13.30
next on the Agenda.
(Richardson/Lyon)
The motion was put to the vote and declared carried.
|
Cr Cameron returned to the meeting at 8:53pm
Staff
Reports - Infrastructure Services
|
|
Report No. 13.23 Settlement
Road Submission Update
File No: I2018/1303
|
|
18-549
|
Resolved that approval of the proposal for the upgrade of
Settlement Road via Council Policy 4.17 be given subject to a suitable
funding source being found in the next quarterly review.
(Lyon/Richardson)
The motion was put to the
vote and declared carried.
|
|
|
Report No. 13.30 Suspension
of Council Policy 4.17
File No: I2018/1531
|
|
18-550
|
Resolved that Council
suspend the application of ‘Policy 4.17 – Contribution to the
Cost of Sealing of Unsealed Roads adjacent to properties at request of
owners,’ with the exception of the matter of Settlement Road considered
and resolved in item 13.23 until a full review of the policy is
complete and a new and/or revised policy is adopted by Council.
(Lyon/Hunter)
The motion was put to the
vote and declared carried.
|
Staff Reports - Sustainable
Environment and Economy
|
|
Report No. 13.18 Development
of the new Tourism Management Plan
File No: I2018/1395
|
|
18-551
|
Resolved:
1. That
Council endorse the revised engagement methodology to support the development
of the 2019-2029 Byron Shire Tourism Management Plan.
2. That
Council allocate $100,000 from the Election Reserve to fund the development
of the 2019-2029 Tourism Management Plan.
3. That
the following principles be incorporated for consideration by participants in
the engagement process:
a) The
benefits of managing tourism growth and impacts as a priority ahead of
promotion of tourism.
b)
Review of ‘community core values’ and ‘guiding
principles’ identified in the 2008-2018 TMP as a paramount
consideration in the development of the proposed TMP and actions.
(Cameron/Richardson)
The motion was put to the vote and declared carried.
|
Staff Reports - Infrastructure
Services
|
|
Report No. 13.20 Grays
Lane Upgrade - Project Status and Community Consultation Outcomes
File No: I2018/1030
|
|
18-552
|
Resolved:
1. That
the project status and community consultation outcomes of the Grays Lane
Upgrade project be noted.
2. That
any upgrading of Grays Lane be as per design option 3 including traffic
calming devices to slow traffic to enhance pedestrian and wildlife safety.
3. That
the timing of any upgrading works for Grays Lane be considered during the infrastructure
planning process undertaken for the 2019/20 Budget process and the 2019/20 to
2028/29 - Ten (10) Year Capital Works Program.
(Lyon/Ndiaye)
The motion was put to the
vote and declared carried.
|
|
|
Report No. 13.21 Waterlily
Park Planned Upgrades
File No: I2018/1177
|
|
18-553
|
Resolved that Council:
1. Note
the community consultation undertaken to date with regard to the Waterlily
Playscape Stage 3 design element as per the scope awarded under the Stronger
Country Communities Grant
2. Request
staff to progress with Request for Tender for supply and installation of the
new playscape elements including detailed design which will consider:
a) Community
consultation outcomes
b) Crime
Prevention Through Environmental Design principles
c) Best
practice design and standards
d) Desire
for the new playscape to be co-located (as much as practical) with the
existing playscape
3. Invite
the Waterlily Playscape Committee (and other stakeholders, including
Councillors, as required) to be involved in the tender scope and brief
4. Consult
with the executive of the Waterlily Playscape Committee in decisions relating
to location of any future installation of equipment
5. An
on site meeting be held with Councillors and staff as part of the regular
site visit itinerary
(Hunter/Hackett)
The motion was put to the
vote and declared carried.
|
|
|
Report No. 13.24 Broken
Head Reserve & Seven Mile Beach Road - ongoing issues
File No: I2018/1357
|
|
18-554
|
Resolved that Council:
1.
Note the work and stakeholder commitment to date on the
issues and endorse the future actions and investigations for Broken Head
Reserve, Seven Mile Beach Road and Broken Head Reserve Road
2. Provide
a report providing information on the following;
a.
An investigation, design and cost assessment
of parking and traffic management on Broken Head Reserve Road with a view to
utilise any funds raised to fund fully sealing Seven Mile Beach Road.
b.
The car parking management option of
establishing a ticketing system at the entrance to Seven Mile Beach Road
c.
The creation of a shared road sealed
road that commences at Seven Mile Beach Rd and Reserve Rd intersection and
continues until King’s Beach Carpark.
d.
The development of a locality plan for Broken
Head Reserve Road from Broken Head Road to the intersection with Seven Mile
Beach Road, that addresses
i. Key
ecological, safety and compliance issues
ii. A
draft budget and the availability of S94 funding
iii. The
establishment of a working group and identification of key stakeholders,
including the Arakwal Corporation and state government agencies
(Richardson/Ndiaye)
The motion was put to the
vote and declared carried.
|
|
|
Report No. 13.26 Byron
Bay High School - Safety Issues at Arakwal Court
File No: I2018/1432
|
|
18-555
|
Resolved that Council:
1. Note
the work to date in relation to traffic management, parking, cycleways,
student drop–off zones and pedestrian interactions associated with
the Byron Bay High School.
2. Endorse
the future actions as detailed within this report; and
3. Support
the upgrade to Arakwal Court as outlined in Option 5 (Dwg
2644-CP06) to address existing safety concerns and for the purpose
of developing and making grant and other funding requests.
4. Identify
the most viable option between traffic lights or a roundabout at the
intersection of Broken Head Road and Arakwal Court for the purpose
of developing and making grant and other funding requests.
(Spooner/Cameron)
The motion was put to the
vote and declared carried.
|
Notices of Motion
|
|
Notice of Motion No. 9.1 Byron
Shire Voluntary Visitor Fund
File No: I2018/1329
|
|
18-556
|
Resolved:
1. That
Council initiate a Voluntary Visitor Fund utilising the framework and
governance structure option 3 - which shows Council as the administrator of
the fund with an industry led Steering Committee.
2. That
this project be shared with the Strategic Business Panel
3. That
a quarterly report be provided to Council on the status of the Voluntary
Visitor Fund
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
Cr Cameron voted against the motion.
|
|
|
Notice of Motion No. 9.2 2018
Local Government NSW Conference Motion
File No: I2018/1514
|
|
18-557
|
Resolved that Byron Shire Council
resolves to put the following proposal to the 2018 Local Government NSW
Conference:
“That Local Government NSW
provide research and resources to support Councils in NSW developing and
implementing Gambling Harm Prevention policies.”
(Spooner/Ndiaye)
The motion was put to the vote and declared carried.
|
Submissions
and Grants
|
|
Report No. 11.1 Byron
Shire Council Submissions and Grants as at 1 August 2018
File No: I2018/1411
|
|
18-558
|
Resolved that
Council note the report and attachment (#E2018/64272) for the Byron Shire
Council Submissions and Grants as at 1 August 2018.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
Delegates'
Reports
There were no delegates’ reports raised during the
meeting.
Staff
Reports - General Manager
|
|
Report No. 13.2 Representation
at Northern Rivers Rail Trail Meetings
File No: I2018/1394
|
|
18-559
|
Resolved that
Council nominate Cr Spooner to attend
the Northern Rivers Rail Trail Inc meetings as a representative of the Byron
Shire Council.
(Spooner/Ndiaye)
The motion was put to the vote and declared carried.
Crs Lyon, Martin, and Cameron voted against the motion.
|
Staff
Reports - Corporate and Community Services
Cr Richardson declared a non-significant, non-pecuniary
interest in Item 13.13, Cr Richardson elected to step down as chairperson abstained
from voting.
Cr Cameron took the role of chairperson for item 13.13.
|
|
Report No. 13.13 Bayshore
Drive Roundabout Public Art Project
File No: I2018/1433
|
|
18-560
|
Resolved that
Council:
1. Grant
the preferred artist, as per attachment 2 (E2018/66023), the commission to
deliver the Bayshore Drive Roundabout Public Art Project, subject to the
project sub-committee being satisfied that the engineering, fabrication,
timeline, and budget have been well considered and confirmed.
2. Note
that the sub-committee on the project will work with the selected artist to
facilitate the delivery of a successful project.
(Ndiaye/Hackett)
The motion was put to the vote and declared carried.
|
Cr Richardson resumed the chair.
|
|
Report No. 13.5 Open
Space and Recreation Needs Assessment and Action Plan - draft for community
consultation
File No: I2017/1670
|
|
18-561
|
Resolved that
Council:
1. Endorse
the revised draft Open Space and Recreation Needs Assessment and Action Plan
for purposes of public exhibition for 28 days.
2. That
in the event:
a) that
any submissions are received, they be reported back to Council prior to
adoption of the Plan; or
b) that
no submissions are received, the Open Space and Recreation Needs Assessment
and Action Plan be adopted.
(Martin/Ndiaye)
The motion was put to the vote and declared carried.
|
|
|
Report No. 13.14 Water,
Waste and Sewer Advisory Committee - Community Representatives
File No: I2018/1400
|
|
|
Moved:
1. Accept the
resignation of Alan Dickens from the Water, Waste, and Sewer Advisory committee
and provide a letter of thanks.
2. Nominate Candidate
A, Candidate B, and Candidate C for appointment to the Water, Waste and Sewer
Advisory Committee.
(Coorey/Richardson)
AMENDMENT
|
|
18-562
|
Resolved:
1.
Accept the resignation of Alan Dickens from
the Water, Waste, and Sewer Advisory committee and provide a letter of
thanks.
2.
Nominate Mark Tidswell and Ben Fawcett for
appointment to the Water, Waste and Sewer Advisory Committee.
3. Amend the
constitution to include increased membership
(Ndiaye/Hunter)
The amendment was put to the vote and declared carried.
Crs Hackett, Cameron, and Coorey voted against the
amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
|
|
|
Report No. 13.15 Licence
for community garden at Red Bean Close Suffolk Park
File No: I2018/1440
|
|
18-563
|
Resolved that
Council:
1. Decline
the granting of the Licence for the occupation of and carrying out of works
on Red Bean Close Reserve Suffolk Park (parcel 197060 being Lot 218 DP 846399
and Parcel 229740 being Lot 18 DP 1009620)
2. Request
the resident to return the reserve back into a passive recreational reserve
consistent with its current Plans of Management and that in the event that
the resident does not comply with such request an orders process be
undertaken to achieve the return of the reserve to passive recreation.
3. Take
steps to achieve the removal of raised garden beds and other structures
including the European honeybee hives from the land
4. Request
staff to consult with the local community on level of service maintenance for
this community asset
5. Explore
options including signage on the Reserve that identifies the land as
Community land
(Martin/Richardson)
The motion was put to the vote and declared carried.
|
|
|
Procedural
Motion
|
|
18-564
|
Resolved that Cr Martin be granted a two minute extension
to her speech.
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
|
Staff
Reports - Sustainable Environment and Economy
|
|
Report No. 13.19 Submissions
Report on the Draft Integrated Pest Management Policy
File No: I2018/1430
|
|
|
Moved
that Council:
1. Note the report on the draft
Integrated Pest Management Policy
2.
Submit the draft IPM document to CSIRO or
equivalent research organisation/s for a peer review and report
recommendations back to council prior to adoption.
3. Note an
allocation of $50,000 in the 2018/19 budget to develop IPM Strategies is
provided from the Infrastructure Services Carryover Reserve.
(Hunter/Spooner)
AMENDMENT
|
|
18-565
|
Resolved:
1. Note
the report on the draft Integrated Pest Management Policy.
2. Adopt
the Integrated Pest Management Policy at Attachment 1 (#E2018/58361) that
includes changes following public exhibition as outlined in Table 1 of this
report.
3. Note
an allocation of $50,000 in the 2018-2019 budget to develop an Integrated
Pest Management Strategy is provided from the Infrastructure Services
Carryover Reserve.
4. Adopt
in Table 1 of this report as well as the following additional amendment,
Endemic plantings,
be added to the list of
‘alternative pest control methods’ contained in the first
paragraph under section 1.2 on page 2 of the draft policy.
(Richardson/Ndiaye)
The amendment was put to the vote and declared carried.
Crs Hackett, Spooner, and Hunter voted against the
motion.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
Cr Spooner and Hunter voted against the motion.
|
|
|
Procedural
Motion
|
|
18-566
|
Resolved that
Council extend the meeting time to finish at 11:10pm.
(Richardson/Coorey)
The motion was put to the vote and declared carried.
|
|
|
Procedural
Motion
|
|
18-567
|
Resolved that Council consider items 13.22 and 13.27 and
the Reserve Trust items at the next Ordinary Council meeting.
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
|
Confidential
Reports - Corporate and Community Services
|
|
Procedural
Motion
|
|
18-568
|
Resolved:
1. That
pursuant to Section 10A(2)(c), (d)i and (d)ii of the Local Government Act,
1993, Council resolve into Confidential Session to discuss the report DRAFT
Council purchase from Health Administration Corporation- Mullumbimby War
Memorial Hospital site and Site Remediation.
2. That
the reasons for closing the meeting to the public to consider this item be
that the report contains:
a) information
that would, if disclosed, confer a commercial advantage on a person with whom
the Council is conducting (or proposes to conduct) business
b) commercial
information of a confidential nature that would, if disclosed prejudice the
commercial position of the person who supplied it
c) information
that would, if disclosed, confer a commercial advantage on a competitor of
the council
3. That
on balance it is considered that receipt and discussion of the matter in open
Council would be contrary to the public interest, as:
The reasons for closing the meeting to the public to
consider this item are that the report contains information on contract
negotiation. The report contains information of a commercial nature.
(Richardson/Ndiaye)
|
|
|
No. 16.2 CONFIDENTIAL
- Council purchase from Health Administration Corporation- Mullumbimby War
Memorial Hospital site and Site Remediation
File No: I2018/1513
|
|
18-569
|
Resolved that
Council:
1. Receive and note the report
on the status of the proposed purchase and necessary remediation of the
Mullumbimby War Memorial Hospital site.
2. Endorse the approach taken by
the General Manager in seeking a variation of the draft contract for the sale
and purchase of the Mullumbimby and District War Memorial Hospital by:
i. The
deletion of draft special condition 5.1
ii. The deletion
of “Community facility” where it appears in draft Annexures
“A” and “B”
iii. The deletion of
cause 2 in each of draft Annexures “A” and “B” and by
replacing draft special condition 5.1 with those set
out in the body of this report.
3. Purchase the Mullumbimby War
Memorial Hospital site from Health Administration Corporation on the terms
and conditions set out in the contract submitted by the Health Administration
Corporation but subject to amendments being made in accordance with 2 above.
4. Authorise the General Manager to
take all steps necessary to enter into the contract, as amended, and to
sign and counter-sign all documents associated with the purchase of the site,
including the affixing of the Council seal to all documents that may require
it.
5. Upon Council’s completion
of a contract to purchase the Mullumbimby and District War Memorial Hospital,
Council allocate a total budget of $3,334,000 in the 2018/2019 financial year
6. Authorise
the borrowing of $3,334,000 through an Expression of Interest (EOI) process
prior to 30 June 2019 to fund the demolition and other associated costs.
7. Delegate
authority to the General Manager to negotiate with financial institutions to
acquire the loan funds required in recommendation 6 above and accept the best
offer made available to Council.
8. Authorise
the affixing of the Council seal to all documents that may require it, in
regards to the loan borrowing.
9. As
per RES 18-048, enter a contract with Tweed Coast Demolition and Excavations under
direct negotiations for $2,158,948 (ex gst).
10. Endeavour
to recover its costs of demolition and any other associated costs as soon as
possible to retire the loan borrowings and mitigate the financial risk of
this project.
(Cameron/Martin)
The
motion was put to the vote and declared carried.
|
There being no further business the meeting concluded at 11:14.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 20 September 2018.
….…………………………
Mayor Simon Richardson
